M/S.Gancoss (India) Company v. M/S.Maa Mahamaya Industries Ltd.,

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 29.01.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH C.R.P.(NPD).No.248 of 2019

1. M/s.Gancoss (India) Company, Rep. by its partner Shri Noratan Dugar, No.148, (New No.307), Thambu Chetty Street, Chennai - 600 001.

....

Petitioner Vs M/s. Maa Mahamaya Industries Ltd.

Rep. by its Chairman Cum Managing Director, R.G. Peta Village, L.Kota Mandal, Vizianagaram - 535 161 Andhra Pradesh ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, against the order and decreetal order, dated 01.10.2018 made in O.S. SR No.45345 of 2018, on the file of the I Assistant Judge, City Civil Court at Chennai rejecting the plaint.

For Petitioner : Mr.D. Nellaiappan

O R D E R

The limited prayer sought for in the revision petition is against the order and decreetal order, dated 01.10.2018 made in O.S. SR No.45345 of 2018, on the file of the I Assistant Judge, City Civil Court at Chennai rejecting the plaint.

2. Heard the learned counsel for the petitioner and perused the available records.

3. The question of registration can be an issue in the suit and as such the order rejecting the plaint without even numbering the same is not proper. As such, the order, dated 01.10.2018, passed in O.S. SR No.45345 of 2018, is set aside. Hence, the learned I Assistant Judge, City Civil Court, Chennai is called upon to direct his Registry to number the suit, if it is otherwise in order, within a period of one week from the date of receipt of a copy of this order.

4. The Civil Revision Petition stands disposed of, accordingly. No costs.

29.01.2019 Index:Yes/No Speaking order: Yes/No vsi2 To

1. The Principal District Judge, Namakkal

2. The Inspector of Registration, Chennai District.

3. The District Registrar, Namakkal Taluk and District.

4. The Sub-Registrar Joint II, Namakkal Taluk and District.

M.S.RAMESH, J.

vsi2 C.R.P.(NPD).No.248 of 2019 29.01.2019